House of Lords Journal Volume 28
March 1755, 21-31

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History of Parliament Trust

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1767-1830

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381-391

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'House of Lords Journal Volume 28: March 1755, 21-31', Journal of the House of Lords volume 28: 1753-1756 (1767-1830), pp. 381-391. URL: http://british-history.ac.uk/report.aspx?compid=114386 Date accessed: 26 November 2014.


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March 1755, 21-31

DIE Veneris, 21o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Wigorn.
Epus. Carliol.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Cestriens.
Epus. Glocestr.
Epus. Cicestriens.
Comes Hardwicke, Cancellarius.
Dux Argyll.
Dux Dorset.
Marchio Lothian.
Comes Carlisle.
Comes Shaftesbury.
Comes Holdernesse.
Comes Morton.
Comes Moray.
Comes Home.
Comes Breadalbane.
Comes Hyndford.
Comes Halifax.
Comes Bath.
Comes Fitzwilliam.
Comes Egremont.
Comes Temple.
Comes Cornwallis.
Viscount Fauconberg.
Viscount Stormont.
Ds. Willoughby Par.
Ds. Cavendish.
Ds. Clifton.
Ds. Strange.
Ds. Ward.
Ds. Cathcart.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Raymond.
Ds. Sandys.

PRAYERS.

Lords to be summoned.

Ordered, That all the Lords be summoned, to attend the Service of this House on Tuesday next.

Hawling Common, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, within the Manor and Parish of Hawling, in the County of Gloucester," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Osmotherley Common, Bill.

The Lord Willoughby of Parham also reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming and establishing an Agreement, for enclosing Osmotherley Moor, or Common, in the County of York, and for rendering the said Agreement more effectual for the Purposes therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Game Act, to explain, Bill.

A Message was brought from the House of Commons, by the Lord Strange and others:

With a Bill, intituled, "An Act to explain and amend a Clause in an Act made in the Fifth Year of the Reign of Queen Anne, intituled, "An Act for the better Preservation of the Game, in relation to the selling or offering to Sale any Game;" to which they desire the Concurrence of this House.

Rochdale to Burnley, Road Bill.

A Message was brought from the House of Commons, by Sir Conyers Darcy and others:

With a Bill, intituled, "An Act for repairing and widening the Road from Rochdale to Burnley, in the County of Lancaster;" to which they desire the Concurrence of this House.

Coleshill and Litchfield Road, Bill.

A Message was brought from the House of Commons, by Mr. Vernon and others:

With a Bill, intituled, "An Act for amending, altering, continuing, and making more effectual, Two Acts of Parliament, made in the Second and Seventeenth Years of His present Majesty's Reign, for repairing the Roads from Coleshill in the County of Warwick, through the City of Litchfield, to Stone in the County of Stafford, and from thence to the City of Chester, and several other Roads in the said Acts mentioned; and for enlarging the Terms and Powers in the said several Acts;" to which they desire the Concurrence of this House.

Messages from H. C. to return Passavant's Nat. Bill;

A Message was brought from the House of Commons, by Mr. Bacon and others:

To return the Bill, intituled, "An Act for naturalizing John Ulric Passavant;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Kirkman's Nat. Bill.

A Message was brought from the House of Commons, by Mr. Bacon and others:

To return the Bill, intituled, "An Act for naturalizing Jacob Kirkman;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Sandwich Bridge, Bill.

A Message was brought from the House of Commons, by Mr. Amyand and others:

With a Bill, intituled, "An Act for building a Bridge over the Water, or Haven, between the Town of Sandwich and the opposite Shore in the County of Kent;" to which they desire the Concurrence of this House.

Breaston Cowpasture, Enclosing Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing Breaston Cow Pasture, in the County of Derby," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto."

And the said Amendments, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be engrossed.

Sir J. Cockburn against Sir J. Cockburn & al;

After hearing Counsel, as well on Wednesday last as Yesterday and this Day, upon the amended Petition and Appeal of Sir James Cockburn Baronet, Apparent Heir Male of the Family of Langtoun; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 14th of December 1744, and 23d of July 1747; and also of Two Interlocutors of the Lord Ordinary, of the 21st and 27th of November 1747; and praying, "That the same might be reversed, varied, or altered; and that this House would give the Appellant such further and other Relief in the Premises as to their Lordships should seem meet:" As also upon the Answer of Robert Dundas Esquire His Majesty's Advocate for Scotland, and the Answer of Sir James Cockburn of that Ilk, Eldest Son and Heir of Sir William Cockburn of that Ilk, Sir James Steuart, Sir John Steuart, Sophia, Katherine, and Barbara Inglis, lawful Daughters and Heirs Portioners of the deceased Mr. Archibald Inglis, and David Inglis Tutor in Law to the said Katherine and Barbara, and sole Curator to the said Sophia and others, Creditors of the Estate of Langtoun, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutor affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Interlocutors therein complained of be, and the same are hereby, affirmed.

Causes removed.

Ordered, That the Cause which is appointed for Monday next, be put off till Wednesday, and the other Causes removed in Course.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum quartum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 24o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Wigorn.
Epus. Eliens.
Epus. Carliol.
Epus. Litch. & Cov.
Epus. Glocestr.
Epus. Cicestriens.
Comes Hardwicke, Cancellarius.
Dux Somerset.
Dux Cleveland.
Dux Bedford.
Dux Kingston.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Dorset.
Comes Warwick.
Comes Carlisle.
Comes Shaftesbury.
Comes Litchfield.
Comes Coventry.
Comes Poulet.
Comes Home.
Comes Loudoun.
Comes Pomfret.
Comes Orford.
Comes Powis.
Comes Northumberland.
Comes Egremont.
Comes Darlingten.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Cavendish.
Ds. Ward.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Feversham.

PRAYERS.

Lords take the Oaths.

William Duke of Cleveland and Southampton took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Evelyn Duke of Kingston, William Earl of Home, and John Earl of Loudoun, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; their Lordships having first delivered Certificates of their receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Game Act, to explain, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to explain and amend a Clause in an Act made in the Fifth Year of the Reign of Queen Anne, intituled, An Act for the better Preservation of the Game, in relation to the selling, or offering to Sale, any Game."

Breaston Cowpasture, Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing Breaston Cow Pasture, in the County of Derby."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Waple and Mr. Holford:

To carry down the said Bill, and desire their Concurrence thereto.

Sandwich Bridge, Bill:

Hodie 1a vice lecta est Billa, intituled, "An Act for building a Bridge over the Water, or Haven, between the Town of Sandwich and the opposite Shore in the County of Kent."

Hawling Common, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields within the Manor and Parish of Hawling, in the County of Gloucester."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Osmotherley Common, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for confirming and establishing an Agreement, for enclosing Osmotherley Moor, or Common, in the County of York; and for rendering the said Agreement more effectual for the Purposes thereby intended."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to the Two preceding Bills.

And Messages were ordered to be sent to the House of Commons, by the former Messengers:

To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.

Rochdale Road, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from Rochdale to Burnley, in the County of Lancaster."

Coleshill and Litchfield Road, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for amending, altering, continuing, and making more effectual, Two Acts of Parliament, made in the Second and Seventeenth Years of His present Majesty's Reign, for repairing the Roads from Coleshill in the County of Warwick, through the City of Litchfield, to Stone in the County of Stafford, and from thence to the City of Chester, and several other Roads in the said Acts mentioned; and for enlarging the Terms and Powers in the said several Acts."

Addingham and Kildwick Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing, widening, and amending, the Road from Cocking End near Addingham in the West Riding of the County of York, through Kildwick, to Black Lane End in the County Palatine of Lancaster."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

D. Somerset.
D. Cleveland.
D. Bedford.
D. Kingston.
D. Newcastle.
D. Portland.
D. Manchester.
D. Dorset.
E. Warwick.
E. Carlisle.
E. Shaftesbury.
E. Litchfield.
E. Coventry.
E. Poulet.
E. Home.
E. Loudoun.
E. Pomfret.
E. Orford.
E. Powis.
E. Northumberland.
E. Egremont.
E. Darlington.
L. Bp. Durham.
L. Bp. Worcester.
L. Bp. Ely.
L. Bp. Carlisle.
L. Bp. Litch. & Cov.
L. Bp. Glocester.
L. Bp. Chichester.
L. Delawarr.
L. Willoughby Par.
L. Cavendish.
L. Ward.
L. Foley.
L. Bathurst.
L. Onslow.
L. Edgecumbe.
L. Sandys.
L. Feversham.

Their Lordships, or any Five of them; to meet To-morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum quintum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 25o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Dux Cumberland.

Archiep. Cant.
Archiep. Ebor.
Epus. Dunelm.
Epus. Roffen.
Epus. Oxon.
Epus. Wigorn.
Epus. Eliens.
Epus. Sarum.
Epus. Bath. & Wells.
Epus. Lincoln.
Epus. Carliol.
Epus. Peterborough.
Epus. Asaphen.
Epus. Norwic.
Epus. Litch. & Cov.
Epus. Cestriens.
Epus. Glocestr.
Epus. Meneven.
Epus. Cicestriens.
Comes Hardwicke, Cancellarius.
Comes Granville, Præses.
Dux Marlborough, C. P. S.
Dux Rutland, Senescallus.
Dux Grafton, Camerarius.
Dux Somerset.
Dux Bedford.
Dux Devon.
Dux Argyll.
Dux Ancaster.
Dux Kingston.
Dux Newcastle.
Dux Portland.
Dux Manchester.
March. Lothian.
Comes Lincoln.
Comes Exeter.
Comes Winchilsea.
Comes Peterborow.
Comes Stamford.
Comes Winchilsea.
Comes Thanet.
Comes Sandwich.
Comes Essex.
Comes Cardigan.
Comes Carlisle.
Comes Shaftesbury.
Comes Litchfield.
Comes Radnor.
Comes Holdernesse.
Comes Plimouth.
Comes Scarborough.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Poulet.
Comes Cholmondeley.
Comes Rothes.
Comes Morton.
Comes Moray.
Comes Home.
Comes Loudoun.
Comes Breadalbane.
Comes Hyndford.
Comes Strafford.
Comes Dartmouth.
Comes Tankerville.
Comes Bristol.
Comes Halifax.
Comes Sussex.
Comes Pomfret.
Comes Waldegrave.
Comes Ashburnham.
Comes Effingham.
Comes Orford.
Comes Bath.
Comes Portsmouth.
Comes Leicester.
Comes Buckinghamshire.
Comes Fitzwilliam.
Comes Powis.
Comes Northumberland.
Comes Egremont.
Comes Temple.
Comes Harcourt.
Comes Hertford.
Comes Guilford.
Comes Cornwallis.
Comes Darlington.
Viscount Say & Sele.
Viscount Fauconberg.
Viscount Stormont.
Viscount Bolingbroke.
Viscount Falmouth.
Viscount Leinster.
Viscount Folkestone.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Cavendish.
Ds. Strange.
Ds. Ward.
Ds. Berkeley Str.
Ds. Cathcart.
Ds. Trevor.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Raymond.
Ds. Talbot.
Ds. Montfort.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Bruce.
Ds. Anson.
Ds. Feversham.
Ds. Archer.

PRAYERS.

E. of Peterborow takes the Oaths.

Charles Earl of Peterborow took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Game Act, to explain, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to explain and amend a Clause in an Act made in the Fifth Year of the Reign of Queen Anne, intituled, An Act for the better Preservation of the Game, in relation to the selling or offering to Sale, any Game."

Ordered, That the said Bill be committed to a Committee of the whole House.

Ordered, That the House be put into a Committee upon the said Bill, on the First Day of Meeting, after the Recess at Easter; and the Lords to be summoned.

Manchester Roads, Bill.

A Message was brought from the House of Commons, by Mr. Hardman and others:

With a Bill, intituled, "An Act for repairing and widening the Roads from the Town of Manchester, by a Place called The White Smithy, in the Township of Crumpsal, to the Town of Rochdale; and from the said Place called The White Smithy, by a Place called Besses of the Barn, to the Town of Bury; and from the said Place called Besses of the Barn to Radcliffe Bridge, in the County Palatine of Lancaster;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Sandwich Bridge, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for building a Bridge over the Water, or Haven, between the Town of Sandwich and the opposite Shore in the County of Kent."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

L. President.
L. Privy Seal.
D. Bedford.
D. Argyll.
D. Portland.
D. Manchester.
M. Lothian.
E. Lincoln.
E. Exeter.
E. Warwick.
E. Stamford.
E. Winchilsea.
E. Sandwich.
E. Cardigan.
E. Carlisle.
E. Shaftesbury.
E. Litchfield.
E. Plimouth.
E. Scarborough.
E. Coventry.
E. Poulet.
E. Morton.
E. Moray.
E. Breadalbane.
E. Hyndford.
E. Halifax.
E. Sussex.
E. Pomfret.
E. Effingham.
E. Bath.
E. Portsmouth.
E. Buckinghamshire.
E. Fitzwilliam.
E. Powis.
E. Northumberland.
E. Egremont.
E. Temple.
E. Guilford.
E. Cornwallis.
E. Darlington.
Viscount Say & Sele.
Viscount Fauconberg.
Viscount Falmouth.
Viscount Folkestone.
L. Abp. Cant.
L. Abp. York.
L. Bp. Durham.
L. Bp. Ely.
L. Bp. Sarum.
L. Bp. Carlisle.
L. Bp. St. Asaph.
L. Bp. Litch. & Cov.
L. Bp. Chester.
L. Bp. Glocester.
L. Bp. St. Davids.
L. Bp. Chichester.
L. Abergavenny.
L. Delawarr.
L. Willoughby Par.
L. Ward.
L. Berkeley Str.
L. Cathcart.
L. Bathurst.
L. Onslow.
L. Cadogan.
L. Ducie.
L. Raymond.
L. Edgecumbe.
L. Sandys.
L. Feversham.
L. Archer.

Their Lordships, or any Five of them, to meet on Thursday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Crowle's Exchange with the Crown, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to enable His Majesty to grant the Reversion of divers Lands and Hereditaments in the County of York, in Trust, for Richard Crowle Esquire, in Exchange for Houses and Lands near His Majesty's Palace of Windsor; and for other Consideration to be paid for the same," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Addingham and Kildwick Road, Bill.

The Earl of Warwick also reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing, widening, and amending, the Road from Cocking End near Addingham in the West Riding of the County of York, through Kildwick, to Black Lane End, in the County Palatine of Lancaster," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Clerke's Bill.

The Earl of Warwick likewise reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the Manor of North Weston, and several Lands and Hereditaments in the County of Oxford, the Estate of Francis Clerke Esquire, in Trustees, in Trust, to sell the same, to raise Money for Payment of Debts and Encumbrances affecting the same; and for other Purposes therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Caldecot's Bill.

The Earl of Warwick also reported from the Lords Committees to whom the Bill, intituled, "An Act for charging the settled and unsettled Estates of Gilbert Caldecot Esquire, with raising Money to pay his Debts and Encumbrances; and for limiting his unsettled Estate so charged to the Uses of his Marriage Settlement," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto."

Which Amendments, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be engrossed.

Rochdale Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from Rochdale to Burnley, in the County of Lancaster."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet on Thursday next, at the usual Time and Place; and to adjourn as they please.

Litchfield Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for amending, altering, continuing, and making more effectual, Two Acts of Parliament, made in the Second and Seventeenth Years of His present Majesty's Reign, for repairing the Roads from Coleshill in the County of Warwick, through the City of Litchfield, to Stone in the County of Stafford; and from thence to the City of Chester, and several other Roads in the said Acts mentioned; and for enlarging the Terms and Powers in the said several Acts."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them; to meet on the same Day, at the same Place; and to adjourn as they please.

Messages from the King, concerning an Augmentation of the Forces:

The Earl of Holdernesse acquainted the House, "That he had a Message from His Majesty, under His Royal Sign Manual, which His Majesty had commanded him to deliver to their Lordships."

And the same was read by the Lord Chancellor, and is as follows:

"GEORGE R.

"His Majesty, having at the Beginning of this Session declared, That His principal Object was to preserve the Publick Tranquillity, and at the same Time to protect those Possessions which make one great Source of the Commerce and Wealth of His Kingdoms, now finds it necessary to acquaint the House of Lords, that the present Situation of Affairs makes it requisite to augment His Forces by Sea and Land; and to take such other Measures as may best tend to preserve the general Peace of Europe, and to secure the just Rights and Possessions of His Crown in America, as well as to repel any Attempts whatsoever that may be made to support or countenance any Designs which may be formed against His Majesty and His Kingdoms: And His Majesty doubts not but He shall have the Concurrence and Support of this House (on whose Affection and Zeal He entirely relies), in making such Augmentations, and taking such Measures, for the Support of the Honour of His Crown and the true Interests of His People, and for the Security of His Dominions in the present critical Conjuncture, as the Exigency of Affairs may require. In doing which, His Majesty will have as much Regard to the Ease of His good Subjects as shall be consistent with their Safety and Welfare.

"G. R."

Order for an Address thereupon:

Ordered, That an humble Address be presented to His Majesty, "To return Him the Thanks of this House, for His most Gracious Message; and to express our dutiful and grateful Sense of His Majesty's Royal Care and firm Resolution to maintain the just Rights and Possessions of His Crown against all Encroachments, and to protect the Commerce of His Kingdoms; as also of His Majesty's sincere Disposition to preserve the publick Peace, by taking the most vigorous and effectual Measures to prevent the Infraction of it.

"To assure His Majesty, that this House, warmed with the same Affection and Zeal for His Royal Person, Family, and Government, which have always been the Motives of their Conduct, is fully convinced of what high Importance it is to strengthen His Majesty's Hands in the present Situation of Affairs; and that we will chearfully and vigorously support Him, in making such Augmentations of His Forces, by Sea and Land, and in taking such other Measures as Events may make necessary, for maintaining the Honour, Rights, and Possessions, of His Crown, and the true Interests of His People, and for the Security of His Dominions; and that we will zealously stand by and assist His Majesty, in repelling any Attempts whatsoever that may be made to support or countenance any Designs that may be formed against His Majesty and His Kingdoms."

Then the Lords following were appointed a Committee, to draw an Address pursuant to the said Order; and report to the House; videlicet,

L. Steward.
L. Chamberlain.
D. Somerset.
D. Argyll.
D. Dorset.
E. Holdernesse.
E. Scarbrough.
E. Halifax.
E. Northumberland.
E. Egremont.
Abp. Cant.
Abp. York.
L. Bp. Oxford.
L. Bp. Ely.
L. Cathcart.
L. Raymond.
L. Sandys.
L. Anson.

Their Lordships, or any Five of them; to meet immediately, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

The House was adjourned during Pleasure; and the Committee withdrew, to prepare the Address.

After some Time, the House was resumed.

Address reported, and agreed to.

And the Earl of Egremont reported from the Committee, "That they had prepared an Address, pursuant to the foregoing Order."

Which, being read by the Clerk, was agreed to by the House, and is as follows; videlicet,

"Most Gracious Sovereign,

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, beg Leave to return Your Majesty our humble Thanks, for Your most Gracious Message.

"Nothing can more clearly demonstrate Your Majesty's Paternal Concern for the Welfare and Prosperity of Your People, than the Royal Care and firm Resolution, which You have had the Goodness to repeat to us, to maintain the just Rights and Possessions of Your Crown against all Encroachments, and to protect the Commerce of Your Kingdoms.

"The Preservation of the publick Peace is an Object which Your Majesty, out of Your benevolent Disposition for the Good of Your faithful Subjects, as well as of Mankind in general, will always have at Heart; and we thankfully acknowledge Your great Wisdom, in taking the most vigorous and effectual Measures to prevent the Infraction of it.

"Duty and Affection to Your Majesty, Zeal for Your Royal Person, Family, and Government, have always been the great Motives of our Conduct. Warmed with these Sentiments, and unalterably fixed in the same Principles, we are fully convinced of what high Importance it is to strengthen Your Majesty's Hands in the present Situation of Affairs.

"And we do, from the Bottom of our Hearts, assure Your Majesty, that we will chearfully and vigorously support Your Majesty, in making such Augmentations of Your Forces by Sea and Land, and in taking such other Measures as Events may make necessary, for maintaining the Honour, Rights, and Possessions, of Your Crown, and the true Interests of Your People, and for the Security of Your Dominions; and that we will zealously stand by, and assist Your Majesty, in repelling any Attempts whatsoever that may be made to support or countenance any Designs which may be formed against Your Majesty and Your Kingdoms."

Ordered, That the said Address be presented to His Majesty by the whole House.

Ordered, That the Lords with White Staves do wait on His Majesty, humbly to know what Time His Majesty will be pleased to appoint to be attended therewith.

Hammersley to enter into a Recognizance for Lucas.

The House being moved, "That Mr. Hugh Hamersley may be permitted to enter into a Recognizance for William Lucas Esquire, on account of his Appeal depending in this House; he residing in Ireland:"

It is Ordered, That the said Hugh Hamersley may enter into a Recognizance for the said Appellant, as desired.

Sir Lodowick Grant to enter into a Recognizance for Grant.

The House being moved, "That Sir Lodowick Grant Baronet may be permitted to enter into a Recognizance for Aaron Grant, on Account of his Appeal depending in this House, he residing in Scotland:"

It is Ordered, That the said Sir Lodowick Grant may enter into a Recognizance for the said Appellant, as desired.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum sextum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 26o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Glocestr.
Epus. Cicestriens.
Comes Hardwicke, Cancellarius.
Dux Rutland, Sensecallus.
Comes Pomfret.

PRAYERS.

The King to be attended with the Address.

The Lord Steward acquainted the House, "That the Lords with White Staves had (according to Order) waited on His Majesty, humbly to know what Time His Majesty would be pleased to appoint to be attended with the Address of this House, agreed to Yesterday; and that His Majesty had been pleased to appoint this Day, at One o'Clock, at His Palace of Saint James's."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad horam post meridiem secundam, Dominis sic decernentibus.

DIE Mercurii, 26o Martii.

Post meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Cestriens.
Epus. Glocestr.
Epus. Meneven.
Epus. Cicestriens.
Comes Hardwicke, Cancellarius.
Dux Argyll.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Dorset.
March. Lothian.
Comes Stamford.
Comes Essex.
Comes Shaftesbury.
Comes Morton.
Comes Moray.
Comes Breadalbane.
Comes Hyndford.
Comes Halifax.
Comes Waldegrave.
Comes Fitzwilliam.
Comes Powis.
Comes Northumberland.
Comes Egremont.
Comes Guilford.
Comes Darlington.
Viscount Stormont.
Viscount Falmouth.
Ds. Willoughby Par.
Ds. Strange.
Ds. Ward.
Ds. Cathcart.
Ds. Foley.
Ds. Onslow.
Ds. Sandys.

PRAYERS.

His Majesty's Answer to the Address.

The Lord Chancellor reported, "That the House did this Day present to His Majesty their humble Address; to which His Majesty was pleased to return the following most Gracious Answer; videlicet,

"My Lords,

"I thank you for this affectionate Address. Nothing shall be wanting on My Part, that may tend to the effectual Support of the just Rights and Possessions of My Crown, and of the true Interests of My People. The Confidence which you repose in Me shall always be made Use of with the strictest Regard to these great and important Objects."

Ordered, That His Majesty's most Gracious Message to this House, their Lordship's Address to His Majesty thereupon, and His Majesty's most Gracious Answer to the said Address, be forthwith printed and published.

Game Act to explain, Bill.

Ordered, That the Ordered for the House to be put into a Committee upon the Bill, intituled, "An Act to explain and amend a Clause in an Act made in the Fifth Year of the Reign of Queen Anne, intituled, "An Act for the better Preservation of the Game, in relation to the selling, or offering to Sale, any Game," on the First Day of Meeting after the Recess at Easter, and for the Lords to be summoned, be discharged."

Ordered, That the House be put into a Committee on the said Bill, on Tuesday the 8th Day of April next; and the Lords to be summoned.

Message from H. C. to return the Abp of York & al. Exchange of Lands, &c. in Myton, Bill.

A Message was brought from the House of Commons, by Mr. (fn. 1) Norborne Berkeley and others:

To return the Bill, intituled, "An Act for establishing an Exchange of divers Lands and Tithes in Myton, in the County of York, for other Lands and Hereditaments in the said County, pursuant to an Agreement between the Lord Archbishop of York as Appropriator, the Bishop of Norwich Lessee of the Rectory, and Henry Herd Clerk Vicar of the Parish Church, and Sir Brian Stapylton Lord of the Manor, of Myton aforesaid;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Leeds, &c. Roads, Bill.

A Message was brought from the House of Commons, by the Lord Downe and others:

With a Bill, intituled, "An Act for repairing and widening the Roads from the Town of Leeds in the West Riding of the County of York, through Otley, Skipton, Colne, Burnley, and Blackburn, to Burscough Bridge in Walton in the County of Lancaster, and from Skipton, through Gisburn and Clitheroe, to Preston in the said County of Lancaster;" to which they desire the Concurrence of this House.

Clerke's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting the Manor of North Weston, and several Lands and Hereditaments in the County of Oxford, the Estate of Francis Clerke Esquire, in Trustees, in Trust, to sell the same, to raise Money, for Payment of Debts and Encumbrances affecting the same; and for other Purposes therein mentioned."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Caldecot's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for charging the settled and unsettled Estates of Gilbert Caldecot Esquire with raising Money, to pay his Debts and Encumbrances; and for limiting his unsettled Estate so charged to the Uses of his Marriage Settlement."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with the Two preceding Bills.

A Message was sent to the House of Commons, by Mr. Waple and Mr. Holford:

To carry down the said Bills, and desire their Concurrence thereto.

Manchester Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and widening the Roads from the Town of Manchester, by a Place called The White Smithy in the Township of Crumpsal, to the Town of Rochdale, and from the said Place called The White Smithy, by a Place called Besses of the Barn, to the Town of Bury, and from the said Place called Besses of the Barn to Radcliffe Bridge in the County Palatine of Lancaster."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Ld. Steward.
D. Argyll.
D. Newcastle.
D. Portland.
D. Manchester.
D. Dorset.
M. Lothian.
E. Stamford.
E. Essex.
E. Shaftesbury.
E. Morton.
E. Moray.
E. Breadalbane.
E. Hyndford.
E. Halifax.
E. Pomfret.
E. Waldegrave.
E. Fitzwilliam.
E. Powis.
E. Northumberland.
E. Egremont.
E. Guilford.
E. Darlington.
V. Stormont.
V. Falmouth.
L. B. St. Asaph.
L. B. Litch. & Cov.
L. B. Chester.
L. B. Glocester.
L. B. St. Davids.
L. B. Chichester.
L. Willoughby Par.
L. Strange.
L. Ward.
L. Cathcart.
L. Foley.
L. Onslow.
L. Sandys.

Their Lordships, or any Five of them; to meet To-morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

D. Douglas against Lockhart et è contra.

After hearing Counsel in Part, in the Cause wherein Archibald Duke of Douglas is Appellant, and John Lockhart of Lee Esquire, One of His Majesty's Justices of the Peace for the County of Lanerk, Respondent; et è contra:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.

Countess of Kildare against Burton & al.

Upon reading the Petition and Appeal of the Right Honourable Mary Countess of Kildare, surviving Executrix of Robert late Earl of Kildare, deceased, Bellingham Boyle Esquire Executor of John late Lord Primate of all Ireland, deceased, Edward Lord Bishop of Elphin, Charles Lord Archbishop of Dublin, Charles Savage Esquire surviving Executor of Hugh late Lord Primate of all Ireland, deceased, Stephen Fitzgerald, Bartholomew, William, Gilbert, and Thomas Fitzgerald, Esquires, Executors of Richard late Earl of Cavan, deceased, Martha Purefoy Widow and William Purefoy, surviving Executors of William Purefoy Esquire, deceased, Barbara Aylward Widow, Ignatius Kelly Esquire, Administrator of Daniel Kelly Gentleman, deceased, and Robert Roberts Esquire, on the Behalf of themselves and the several Creditors of the Four several Banks lately kept by Samuel Burton and Daniel Falkiner; by Benjamin Burton, Samuel Burton and Daniel Falkiner; by Benjamin Burton and Samuel Burton; and by Benjamin Burton and Francis Harrison; complaining of Two Decrees of the Court of Chancery in Ireland, of the 22d Day of July, and 14th Day of December 1754; and also of an Order of the said Court, of the 27th Day of February last, refusing to re-hear the same; and praying; "That the said Decrees may be reversed, varied, or recti fied; and that this House will be pleased to make such other Orders therein as the Nature and Circumstances of the Case require, and as the Court below ought to have done, in such Manner as to their Lordships shall seem meet; and that Robert Burton, Sir Charles Burton, and Rachael Burton, Henry Boyle, Henry Singleton, Thomas Marley, John Bowes, Michael Ward, Boleyn Whitney, Benjamin Burton, Francis Bindon, John Hardy, and Daniel Falkiner, may be required to answer the said Appeal:"

It is Ordered, That the several Persons last mentioned may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 30th Day of April next; and Service of this Order upon their respective Six Clerks in the said Court of Chancery in Ireland shall be deemed good Service.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum septimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 27o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Carliol.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Glocestr.
Epus. Cicestriens.
Comes Hardwicke, Cancellarius.
Dux Somerset.
Dux Argyll.
Dux Portland.
Dux Manchester.
Dux Dorset.
Comes Warwick.
Comes Stamford.
Comes Shaftesbury.
Comes Morton.
Comes Breadalbane.
Comes Hyndford.
Comes Bath.
Comes Northumberland.
Comes Egremont.
Comes Guilford.
Comes Cornwallis.
Viscount Say & Sele.
Viscount Fauconberg.
Ds. Willoughby Par.
Ds. Strange.
Ds. Ward.
Ds. Cathcart.
Ds. Foley.
Ds. Onslow.
Ds. Ducie.
Ds. Raymond.
Ds. Sandys.
Ds. Anson.
Ds. Ravensworth.
Ds. Feversham.
Ds. Archer.

PRAYERS.

M'Leod against Sir W. Dunbar & al.

The Answer of Sir William Dunbar and others, to the Appeal of Captain John Mac Leod and others, was brought in.

Dean's Yard, Bill:

A Message was brought from the House of Commons, by the Lord Dupplin and others:

With a Bill, intituled, "An Act to enable the Reverend William Markham Doctor of Laws and Thomas Salter Esquire to build Houses, and open a Square, in and upon a certain Piece of Ground called Dean's Yard, Westminster, and several Pieces of Ground contiguous thereto;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Pet. of Owners of Houes near Dean's Yard to be heard, by Counsel, against it:

Upon reading the Petition of the Owners and Occupiers of Houses liable to be pulled down by virtue of the said Bill, whose Names are thereunto subscribed; setting forth, "That, if the said Bill should pass into a Law, it will greatly injure the Petitioners in their Property, and will be the absolute Ruin of several Hundred of Tradesmen and Artificers, who must be driven from their respective Dwellings to seek their Bread in Places where they are unknown;" and submitting it to their Lordships Consideration, "Whether such Powers as are contained in this Bill have, in any Instance, been granted by the Legislature, when the Object has not been some great and publick Advantage;" and therefore praying, "That they may be heard, by their Counsel, against the said Bill; and that the same may not pass into a Law:"

It is Ordered, That the said Bill be read a 2d Time on Wednesday the Ninth Day of April next; and that the Petitioners may be heard, by their Counsel, against the same, at the said Second Reading; as may also Counsel be heard for the Bill, at the same Time.

Messages from H. C. to return Walter's Bill:

A Message was brought from the House of Commons, by Mr. Medlicot and others:

To return the Bill, intituled, "An Act to empower Edward Walter Esquire, and divers other Persons claiming under the Wills of his Grandfather and Brother respectively, to make Leases of the several Lands and Hereditaments purchased, and to be purchased, since the Will of Peter Walter the Grandfather, and in Pursuance of the same;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Bramston's Bill;

A Message was brought from the House of Commons, by the Lord Barrington and others:

To return the Bill, intituled, "An Act for vesting the settled Estates of Edmund Bramston Esquire and Henrietta Maria his Wife in Trustees, for raising several Sums of Money, for discharging Portions charged upon the same; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, with some Amendments, to which they desire their Lordships Concurrence.

and Sir J D. Colt's Bill,

A Message was brought from the House of Commons, by Mr. Foley and others:

To return the Bill, intituled, "An Act for vesting the settled Estate of Sir John Dutton Colt Baronet in Trustees, to be sold, for discharging several Encumbrances affecting the same; and for laying out the Surplus of the Money arising by such Sale in the Purchase of other Lands, to be settled to the same Uses;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Sandwich Bridge, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for building a Bridge over the Water, or Haven, between the Town of Sandwich and the opposite Shore in the County of Kent," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and made One Amendment thereto."

Which Amendment, being read Twice by the Clerk, was agreed to by the House; and is as follows; videlicet,

"Pr. 11. L. 6. Leave out from ["Shilling"] to ["provided,"] in the 6th Line of the 12th Press; and after ["future"], in the 26th Line of the same Press, insert the Words before left out."

Addingham and Kildwick Road, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing, widening, and amending, the Road from Cocking End near Addingham in the West Riding of the County of York, through Kildwick, to Black Lane End in the County Palatine of Lancaster."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Crowle s Exchange with the Crown, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable His Majesty to grant the Reversion of divers Lands and Hereditaments in the County of York, in Trust for Richard Crowle Esquire, in Exchange for Houses and Lands near His Majesty's Palace of Windsor, and for other Consideration to be paid for the same."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to the Two preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr. Waple and Mr. Holford:

To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.

Rochdale Road, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Road from Rochdale to Burnley, in the County of Lancaster," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Litchfield Road, Bill.

The Lord Willoughby of Parham also reported from the Lords Committees to whom the Bill, intituled, "An Act for amending, altering, continuing, and making more effectual, Two Acts of Parliament, made in the Second and Seventeenth Years of His present Majesty's Reign, for repairing the Roads from Coleshill in the County of Warwick, through the City of Litchfield, to Stone in the County of Stafford, and from thence to the City of Chester, and several other Roads in the said Acts mentioned, and for enlarging the Terms and Powers in the said several Acts," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Manchester Roads, Bill.

The Lord Willoughby of Parham likewise reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Roads from the Town of Manchester, by a Place called The White Smithy in the Township of Crumpsal, to the Town of Rochdale, and from the said Place called The White Smithy, by a Place called Besses of the Barn, to the Town of Bury, and from the said Place called Besses of the Barn to Radcliffe Bridge in the County Palatine of Lancaster," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

M'Leod, & al. against Dunbar & al.

The House being moved, "That Friday the 11th Day of April next may be appointed, for hearing the Cause wherein Captain John McLeod and others are Appellants, and Sir William Dunbar of Westfield and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the Eleventh Day of April next, as desired.

D. of Douglas against Lockhart;

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Archibald Duke of Douglas; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 28th of July 1752; and also of Three Interlocutors of the Lords of Session, of the 19th of December 1752, the 20th of July and 18th of December 1753; and praying, "That the same might be reversed or varied, and such other Relief given the Appellant as to this House should seem just:" As likewise upon the Cross Appeal of John Lockhart of Lee Esquire, One of His Majesty's Justices of the Peace for the County of Lanerk; complaining of Part of the said Interlocutor of the Lords of Session, of the 19th of December 1752; and praying, "That the same might be reversed or varied; and that this House would give the Appellant such Relief as to their Lordships in their great Wisdom should seem meet:" As also upon the Answer of the said John Lockhart put in to the Original Appeal, and the Answer of the said Duke of Douglas put in to the said Cross Appeal; and due Consideration had of what was offered on either Side in his Cause:

Interlocutors reversed, and Cross Appeal dismissed.

It is Ordered, and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutors complained of in the Original Appeal be, and the same are hereby, reversed; and that the Interlocutor of the 6th of February 1753, whereby the said Lords of Session found, "That the Act of Parliament founded on does not extend to Scotland, and remitted to the Lord Ordinary to proceed accordingly," be affirmed: And it is further Ordered and Adjudged, That the said Cross Appeal be, and the same is hereby, dismissed this House.

Grant against Sutherland.

Ordered, That the Hearing of the Cause wherein Isabella Grant Relict of James Sutherland of Pronsie is Appellant, and David Sutherland Respondent, which is appointed for To-morrow, be put off till Monday the 14th Day of April next.

Chamberlain to enter into Recognizance for the C. of Kildare & al.

The House being moved, "That Richard Chamberlain Esquire may be permitted to enter into a Recognizance for the Countess of Kildare and others, on account of their Appeal depending in this House; they residing in Ireland:"

It is Ordered, That the said Richard Chamberlain may enter into a Recognizance for the said Appellants, as desired.

Leeds and Otley Road, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for repairing and widening the Roads from the Town of Leeds in the West Riding of the County of York, through Otley, Skipton, Colne, Burnley, and Blackburn, to Burscough Bridge in Walton in the County of Lancaster, and from Skipton, through Gisburn and Clitheroe, to Preston in the said County of Lancaster."

Bor against Bor.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Gerard Bor a Minor, by his Guardian William Cooper Esquire, is Appellant, and Jacob Bor Esquire is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, tertium diem Aprilis jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Origin. Narborne.